27 Amendments of Małgorzata HANDZLIK related to 2011/0435(COD)
Amendment 180 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
This Directive also establishes rules concerning partial access to a regulated profession and access to and recognition of remunerated traineeships pursued in another Member State.
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2005/36/EC
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to all nationals of a Member State wishing to pursue a regulated profession or a remunerated traineeship in a Member State, including those belonging to the liberal professions, other than that in which they obtained their professional qualifications, on either a self- employed or employed basis.
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4 b – paragraph 1
Article 4 b – paragraph 1
1. The Member States shall provide that a holder of a professional qualification may apply for a European Professional Card by any meansin writing, also by email or in any other electronic form, including through an on- line tool, with the competent authority of the home Member State.
Amendment 265 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 1
Article 4c – paragraph 1
1. The competent authority of the home Member State shall verify the application, create and validate a European Professional Card within two weeksone month from the date it receives a complete application. It shall inform the applicant and thetransmit the European Professional Card to the host Member State in whichand inform the applicant envisages to provide services, of the validat. The transmission of the European Professional Card. The transmission of the validation information to the host Member States concerned shall constitute the declaration provided for in Article 7. The host Member State may not require a further declaration under Article 7 for the following two years.
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4c – paragraph 2
Article 4c – paragraph 2
2. The decision of the competent authority of the home Member State, or the absence of a decision within the period of two weeksone month referred to in paragraph 1, shall be subject to appeal under national law.
Amendment 283 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 1
Article 4d – paragraph 1
1. Upon receipt of a complete application for a European Professional Card, the competent authority of the home Member State shall, within two weeksone month from the receipt of the complete application, verify and confirm the authenticity and validity of the submitted supporting documents, create the European Professional Card, transmit it for validation to the competent authority of the host Member State and inform that authority on the corresponding IMI file. The applicant shall be informed by the home Member State of the state of the procedure.ereof the applicant
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4d – paragraph 5
Article 4d – paragraph 5
5. The host Member State shall acknowledge receipt of an application for validation of the European Professional Card through IMI system within period of five days. Where the host Member State fails to take a decision within the time limits set out in the paragraphs 2 and 3 or to request additional information within one month from the date of receipt of the European Professional Card by the home Member State, the European Professional Card shall be deemed to be validated by the host Member State and to constitute recognition of the professional qualification to the regulated profession concerned in the host Member State.
Amendment 322 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4e – paragraph 5
Article 4e – paragraph 5
5. Member States shall ensure that the holder of a European Professional Card has the right at any time to request the rectification, deletion and blocking of his file within the IMI system upon request and that he is informed of this right at the time of issuing the European Professional Card, and reminded of it every two years after the issuance of his European Professional Card.
Amendment 355 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/36/EC
Article 4f – paragraph 2
Article 4f – paragraph 2
2. Partial access may be rejected if such rejection is justified by an overriding reason of general interest, such as public health, it would secure the attainment of the objective pursued and it would not go beyond what is strictly necessary.
Amendment 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a
Article 1 – paragraph 1 – point 22 – point a
Directive 2005/36/EC
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Admission to training for nurses responsible for general care shall be contingent upon completion of general education of 12 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, for admission to a school of nursing.:
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph a (new)
Article 31 – paragraph 1 – subparagraph a (new)
a. completion of general education of at least 10 years, as attested by a diploma, certificate or other evidence issued by the competent authorities or bodies in a Member State or by a certificate attesting success in an examination, of an equivalent level, and giving access to a vocational school of nursing, or
Amendment 479 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point a (new)
Article 1 – paragraph 1 – point 22 – point a (new)
Directive 2005/36/EC
Article 31 – paragraph 1 – subparagraph b
Article 31 – paragraph 1 – subparagraph b
b. possession of a diploma, certificate or other evidence of qualification giving access, on the basis of general education of 12 years, to universities or higher education institutes of a level recognised as equivalent.
Amendment 485 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c a (new)
Article 1 – paragraph 1 – point 22 – point c a (new)
Directive 2005/36/EC
Article 31 – paragraph 4 (new)
Article 31 – paragraph 4 (new)
(4) Theoretical training is that part of nurse training from which trainee nurses acquire the professional knowledge, skills and competences required under paragraphs 6 and 7. The training shall be given by teachers of nursing care and by other competent persons, at universities, at higher education institutes of a level recognised as equivalent or at vocational schools of nursing.
Amendment 486 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point c b (new)
Article 1 – paragraph 1 – point 22 – point c b (new)
Directive 2005/36/EC
Article 31 – paragraph 5 (new)
Article 31 – paragraph 5 (new)
(5) Clinical training is that part of nurse training in which trainee nurses learn, as part of a team and in direct contact with a healthy or sick individual and/or community, to organise, dispense and evaluate the required comprehensive nursing care, on the basis of the knowledge, skills and competences which they have acquired. The trainee nurse shall learn not only how to work in a team, but also how to lead a team and organise overall nursing care, including health education for individuals and small groups, within the health institute or in the community. This training shall take place in hospitals and other health institutions and in the community, under the responsibility of nursing teachers, in cooperation with and assisted by other qualified nurses. Other qualified personnel may also take part in the teaching process. Trainee nurses shall participate in the activities of the department in question insofar as those activities are appropriate to their training, enabling them to learn to assume the responsibilities involved in nursing care.
Amendment 490 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Amendment 491 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point a
Article 31 – paragraph 7 – point a
(a) the adequacy of knowledge of the sciences of general nurcompetence to take full responsibility for planning, organising, as referred to in point (a) of paragraph 6, in line with scientific and technological progress as well as the necessary competences such knowledge should entail in line with scientific and technological progress and recent developments in educationnd administering nursing care when treating patients on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a, b and c;
Amendment 492 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point b
Article 31 – paragraph 7 – point b
(b) the degree of sufficiency of understanding of the items referred to in point (a) of paragraph 6 and the necessary competences following from such understanding in line with scientific and technological progress and recent developments in educationcompetence to work together effectively with other actors in the health sector, including participation in the practical training of health personnel on the basis of the knowledge and skills acquired in accordance with paragraph 6 letter d and e;
Amendment 493 #
Proposal for a directive
Article 1 – paragraph 1 – point 22 – point d
Article 1 – paragraph 1 – point 22 – point d
Directive 2005/36/EC
Article 31 – paragraph 7 – point c
Article 31 – paragraph 7 – point c
(c) the degree of sufficiency of knowledge about the items referred to in point (b) of paragraph 6 and the necessary competences following from such knowledge in line with scientific progress and recent developments in education;competence to empower individuals, families and groups towards healthy lifestyles and self-care on the basis of the knowledge and skills acquired in accordance with paragraph 6 letters a and b.
Amendment 496 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point a a (new)
Article 1 – paragraph 1 – point 23 – point a a (new)
Directive 2005/36/EC
Article 33 – paragraph 2
Article 33 – paragraph 2
(aa) the whole paragraph 2 of the art. 33 is deleted
Amendment 498 #
Proposal for a directive
Article 1 – paragraph 1 – point 23 – point b
Article 1 – paragraph 1 – point 23 – point b
Directive 2005/36/EC
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Member States shall recognise evidence of formal qualifications in nursing awarded in Poland, to nurses who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 31, attested by the diploma “'bachelor”' which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health of 12 April 2010 amending1 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 13 May 2004 No 110, pos. 1170, with further amendments), replaced by Article 55.2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 23 August 2011 No 174, pos. 1039), and the Regulation of the Minister of Health of 11 May4 June 200412 on the detailed conditions of delivering studihigher education courses for nurses and midwives, who hold a certificate of secondary school (final examination -– matura) and are graduates of a medical lyceum and medical vocationalsecondary school or a post- secondary schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 21 April 2010, No 656 July 2012, pos. 42770), with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of nurses holding the qualifications which, in the case of Poland, are defined in Annex V, point 5.2.2. of Annex V.
Amendment 529 #
Proposal for a directive
Article 1 – paragraph 1 – point 29 a (new)
Article 1 – paragraph 1 – point 29 a (new)
Directive 2005/36/EC
Article 43 – paragraph 3
Article 43 – paragraph 3
(29a) the whole paragraph 3 of Article 43 is deleted
Amendment 530 #
Proposal for a directive
Article 1 – paragraph 1 – point 29 b (new)
Article 1 – paragraph 1 – point 29 b (new)
Directive 2005/36/EC
Article 43 – paragraph 4
Article 43 – paragraph 4
(29b) the Article 43 paragraph 4 should be amended as follows: Member States shall recognise evidence of formal qualifications in midwifery awarded in Poland, to midwives who completed training before 1 May 2004, which did not comply with the minimum training requirements laid down in Article 40, attested by the diploma 'bachelor' which has been obtained on the basis of a special upgrading programme contained in Article 11 of the Act of 20 April 2004 on the amendment of the Act on professions of nurse and midwife and on some other legal acts (Official Journal of the Republic of Poland of 30 April 2004 No 92, pos. 885), and the Regulation of the Minister of Health of 11 May 2004 on the detailed conditions of delivering studies for nurses and midwives, who hold a certificate of secondary school (final examination — matura) and are graduates of medical lyceum and medical vocational schools teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 13 May 2004 No 110, pos. 1170, with further amendments), replaced by Article 55.2 of the Act of 15 July 2011 on professions of nurse and midwife (Official Journal of the Republic of Poland of 23 August 2011 No 174, pos. 1039), and the Regulation of the Minister of Health of 14 June 2012 on the detailed conditions of delivering higher education courses for nurses and midwives who hold a certificate of secondary school (final examination – matura) and are graduates of a medical secondary school or a post- secondary school teaching in a profession of a nurse and a midwife (Official Journal of the Republic of Poland of 6 July 2012, pos. 770), with the aim of verifying that the person concerned has a level of knowledge and competence comparable to that of midwives holding the qualifications which, in the case of Poland, are defined in Annex V, point 5.5.2.
Amendment 545 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 1 – point b
Article 46 – paragraph 1 – point b
(b) at least five years of full-time study at a university or comparable teaching institution leading to successful completion of a university-level examination and at least one year of remunerated traineeship.
Amendment 556 #
Proposal for a directive
Article 1 – paragraph 1 – point 32
Article 1 – paragraph 1 – point 32
Directive 2005/36/EC
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The remunerated traineeship must be carried out in a Member State, under the supervision of a person providing adequate guarantees regarding their ability to provide practical training. It must be undertaken after the completion of the study referred to in paragraph 1. The completion of the remunerated traineeship must be attested to in a certificate accompanying the evidence of formal qualifications.
Amendment 627 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
Recognition of remunerated traineeship
Amendment 636 #
Proposal for a directive
Article 1 – paragraph 1 – point 39
Article 1 – paragraph 1 – point 39
Directive 2005/36/EC
Article 55 a
Article 55 a
With a view to grant access to a regulated profession, the home Member State shall recognise the remunerated traineeship pursued in another Member State and certified by a competent authority of that Member State.
Amendment 715 #
Proposal for a directive
Article 1 – paragraph 1 – point 48
Article 1 – paragraph 1 – point 48
Directive 2005/36/EC
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Member States shall notify to the Commission a list of existing regulated professions according to their national law by [insert date – end of transposition period]. Any change to this list of regulated professions shall also be notified to the Commission without delay. The Commission shall set up and maintain a publicly available database for such informatof regulated professions, including general description of activities covered by each profession.